1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARITRANS OPERATING : CIVIL ACTION

COMPANY, L.P. :

:

v. :

: NO. 02-CV-4429

:

CHRIS-MARINE USA, INC. :

SCHEDULING ORDER

AND NOW, this 18th day of July, 2003, it is ORDERED as follows:

1. All discovery, expert and otherwise, shall be completed no later than November

17, 2003. 

a. Plaintiff(s) shall provide Defendant(s) with a copy of the report of each

 expert who will appear at trial on behalf of Plaintiffs no later than September 15,

2003. 

b. Defendant(s) shall provide Plaintiff(s) with a copy of the report of each

 expert who will appear at trial on behalf of Defendant no later than November 14,

2003. 

2. All dispositive motions shall be filed no later than November 20, 2003. 

Responses to dispositive motions shall be filed no later than December 5, 2003. 

3. A settlement conference will be scheduled upon the request of counsel.

4. A final pretrial conference is scheduled for February 5, 2004 at 9:30 a.m. in

Chambers.

5. Trial is scheduled for February 9, 2004 at 9:30 a.m. in a Courtroom to be

Case 2:02-cv-04429-RBS Document 7 Filed 07/18/2003 Page 1 of 4
2

announced. All counsel are attached for trial.

6. On or before January 27, 2004, each party shall serve upon every other party: 

a. A copy of each exhibit the party expects to offer at trial in furtherance of its

respective contentions. Each party shall mark its trial exhibits with consecutive

numbers prefixed with an identifying letter of counsel’s choice (i.e., P-1, P-2, D-1,

D-2); 

b. A list which shall include the name and address of each witness who will

testify at trial and a brief statement of the testimony that each witness is expected

to provide. 

7. On or before February 2, 2004, each party shall submit the following to Chambers

(Room 5118): 

a. Proposed voir dire questions and proposed jury interrogatories;

b. A list of all exhibits to be offered at trial and a list of all witnesses who will

appear at trial; 

 c. Two (2) copies of a trial memorandum setting forth the legal issues, claims,

and defenses involved in the case, with the principal constitutional, statutory,

regulatory and decisional authority relied upon, and a list of every item of

damages claimed under a separate descriptive heading (e.g. personal injury,

wrongful death, survival, loss of profits, loss of wages loss or earnings, loss of

future earning capacity, libel, slander, deprivation of civil rights, property damage,

pain, suffering, itemized medical expenses, balance due under contract, interest,

etc...), including a detailed description of each item and the amount of damages

Case 2:02-cv-04429-RBS Document 7 Filed 07/18/2003 Page 2 of 4
3

claimed;

d. A joint written statement of the case which shall contain (1) a brief

statement of the facts; (2) a brief statement of plaintiff’s causes of action and the

essential elements of each cause of action; and (3) a brief statement of the

defenses to plaintiff’s claims and the essential elements of each affirmative

defense. The statement of the case shall not exceed three (3) pages; and 

e. A detailed summary of the qualifications of each expert witness the party

intends to call at trial, and a copy of the expert witness report. 

8. On or before February 2, 2004, the parties shall file one (1) complete set of

agreed upon jury instructions. If the parties are unable to agree upon certain jury

instructions, the party proposing an instruction shall file, in addition to the agreed

upon set of jury instructions, one (1) copy of the proposed instruction and its

citation of authority, and the party opposing the instruction shall submit to the

court one (1) copy specific objection, citation or authority, and proposed

alternatives. Jury instructions shall provide citations of authority for each point

and be in the form of one point per page. If a model jury instruction taken, for

example, from Devitt & Blackmar, Federal Jury Practice and Instructions; or

Sand, Modern Federal Jury Instructions is submitted, the party shall state whether

the proposed jury instruction is unchanged or modified. If a party modifies a

model jury instruction, additions shall be underlined and deletions shall be placed

in bold type. The jury instructions submitted by the parties shall cover all claims

either party intends to bring at trial. 

Case 2:02-cv-04429-RBS Document 7 Filed 07/18/2003 Page 3 of 4
4

9. The unavailability of any witness, as defined in Federal Rule of Civil Procedure

32 (a)(3), will not be a ground to delay the commencement or progress of an

ongoing trial. The Court therefore expects the use at trial of oral or videotape

depositions of any witness whose testimony a party believes essential to the

presentation of that party’s case, whether that witness is a party, a non-party or an

expert. In the event a deposition is to be offered, the offering party shall file with

the Court a copy of the deposition transcript on or before February 2, 2004. An

effort shall be made by the parties to resolve all objections to oral or videotaped

deposition testimony. Unresolved objections shall be noted in the margin of the

deposition indicating that a court ruling is necessary and a separate list of such

objections by page number and line shall accompany the transcript. 

10. At commencement of trial, the parties shall submit to the Court one (1) copy of

each exhibit and one (1) copy of a schedule of exhibits which shall briefly

describe each exhibit. 

Originals of all filing required under the Order shall be filed with the Clerk of

Court, and a courtesy copy of the same shall be submitted to the Chambers of the

Honorable R. Barclay Surrick (Room 5118). 

IT IS SO ORDERED.

BY THE COURT:

_____________________

R. Barclay Surrick, Judge 

Case 2:02-cv-04429-RBS Document 7 Filed 07/18/2003 Page 4 of 4